'Discretion' is a
noun in the
English language.
Meanings
The word has two main meanings:
# one to determine guilty or innocence
# one to determine sentencing.
Examples
Those in a position of
power are most often able to exercise discretion as to how they will apply or exercise that power.
In the
criminal justice system,
police,
prosecutors,
judges, and the
jury are often able to exercise a degree of discretion in deciding who will be subject to criminal
penalties and how they will be punished. For example, the police officer may decide whom to formally arrest for an
offense. For a traffic violation, a police officer may simply issue a
warning. A prosecutor may choose to pursue the same or different charges against the person a police officer has arrested. Discretion gives the prosecutor the power to dismiss a case against an arrestee based on factors such as the probability of conviction, the nature of the offense, the characteristics of the offender, and availability of adequate civil remedies.
Plea bargaining also plays a major role in determining charges.
The exercise of discretion by
judges is an inherent aspect of
judicial independence under the doctrine of the
separation of powers. The
standard of review applied to
appeals from decisions involving the exercise of
judicial discretion is "abuse of discretion."
The term often comes as part of "Viewer Discretion Advised" warning on TV shows etc. (such as
Prison Break, where it comes very often) before anything appears on the screen. In this context, VDA doesn't mean (as people from certain countries may false-friendedly translate it) "Be discreet about what you're about to see, don't tell others to spoil the surprise", but it means "Be aware that the following is not suitable for everyone, especially children and easily scared or upset people". So, it has the meaning "Make a decision whether you're strong enough to withstand it or not."
Note: The reason why some people understand it incorrectly is because the root of "discretion" has only one meaning in their languages. Examples of such languages:
Czech,
Slovak.